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CHILD Labor Act

Introduced Jun 18, 2026 · Last action Jun 18, 2026 Referred to the Committee on Education and Workforce, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

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Summary

This legislation is called the CHILD Labor Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9347 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9347

To strengthen protections against child labor violations, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2026

 Ms. DeLauro (for herself, Ms. Adams, Ms. Chu, Mr. Davis of Illinois,
 Mr. DeSaulnier, Mr. Goldman of New York, Ms. Norton, Ms. Lofgren, Mr.
 Magaziner, Mr. McGovern, Mr. Pocan, Ms. Schakowsky, Mr. Thanedar, Ms.
  Tokuda, and Ms. Underwood) introduced the following bill; which was
 referred to the Committee on Education and Workforce, and in addition
to the Committee on Oversight and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
  of such provisions as fall within the jurisdiction of the committee
                               concerned

_______________________________________________________________________

                                 A BILL

To strengthen protections against child labor violations, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children Harmed In Life-threatening
or Dangerous Labor Act'' or the ``CHILD Labor Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING PROTECTIONS AGAINST CHILD LABOR VIOLATIONS UNDER
                  THE FAIR LABOR STANDARDS ACT OF 1938

Sec. 101. Definition of oppressive child labor; hazardous occupations.
Sec. 102. Enhancing child labor protections.
Sec. 103. Strengthening penalties for child labor violations.
Sec. 104. Training and engagement with respect to child labor
                            violations.
TITLE II--CHILD LABOR REQUIREMENTS FOR CERTAIN FEDERAL CONTRACTORS AND
               RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE

Sec. 201. Amendments to the Walsh-Healey Public Contracts Act.
Sec. 202. Child labor requirements for contracts and assistance covered
                            by the Davis-Bacon Act or Related Acts or
                            the Service Contract Act.
                        TITLE III--MISCELLANEOUS

Sec. 301. Reports to Congress on work-related injuries, illnesses, and
                            deaths.

TITLE I--STRENGTHENING PROTECTIONS AGAINST CHILD LABOR VIOLATIONS UNDER
                  THE FAIR LABOR STANDARDS ACT OF 1938

SEC. 101. DEFINITION OF OPPRESSIVE CHILD LABOR; HAZARDOUS OCCUPATIONS.

    (a) Oppressive Child Labor.--Subsection (l) of section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended to read as
follows:
    ``(l)(1) `Oppressive child labor' means a condition of employment
under which--
            ``(A) any employee under 18 years of age is employed in--
                    ``(i) manufacturing;
                    ``(ii) mining;
                    ``(iii) trenching or excavation;
                    ``(iv) meat processing;
                    ``(v) demolition; or
                    ``(vi) explosives;
            ``(B) any employee under 18 years of age is employed by an
        employer in an occupation, or in or around a place of work,
        that the Secretary shall find and by order declare to pose a
        danger or risk of injury or to be detrimental to the health,
        safety, or well-being of children under 18 years of age;
            ``(C) any employee who is 14 or 15 years of age is employed
        by an employer (other than a parent or a person standing in
        place of a parent employing his or her own child or a child in
        his or her custody)--
                    ``(i) in an occupation, or in or around a place of
                work, that the Secretary shall find and by order
                declare to pose a danger or risk of injury or to be
                detrimental to the health, safety, or well-being of
                children who are such ages; or
                    ``(ii) in such employment that is not confined to
                periods that will not interfere with their schooling
                and to conditions that will not interfere with their
                health, safety, or well-being; or
            ``(D) any employee is under 14 years of age employed by an
        employer (other than a parent or a person standing in place of
        a parent employing his or her own child or a child in his or
        her custody).
    ``(2) For purposes of paragraph (1)--
            ``(A) the term `occupation' means work performed by a
        person, including all jobs, duties, tasks, and tools or
        equipment typically utilized in that work; and
            ``(B) the term `place of work' means the entire worksite,
        including any facility, factory, plant, grounds, campus, site,
        or physical location (whether fixed or mobile) where the work
        is performed.''.
    (b) Hazardous Occupations and Places of Work.--Section 12 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding
at the end the following:
    ``(e) Hazardous Occupations and Places of Work.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of the Children Harmed In Life-threatening or
        Dangerous Labor Act, the Secretary shall issue--
                    ``(A) regulations with respect to occupations in
                the industries described in subparagraph (A) of section
                3(l)(1);
                    ``(B) regulations and orders with respect to
                occupations and places of work covered under
                subparagraph (B) of such section;
                    ``(C) regulations and orders with respect to
                occupations and places of work covered under
                subparagraph (C)(i) of such section; and
                    ``(D) regulations with respect to occupations
                covered under section 13(c)(2) as particularly
                hazardous for the employment of children below the age
                of 16.
            ``(2) Updates.--Not less than every 5 years, the Secretary
        shall--
                    ``(A) review all regulations and orders issued
                under paragraph (1) to determine whether such
                regulations and orders need to be revised, which
                revisions may include updating such regulations or
                orders to include additional occupations or places of
                work, as applicable; and
                    ``(B) revise any such regulations or orders the
                Secretary so determines need to be revised.''.

SEC. 102. ENHANCING CHILD LABOR PROTECTIONS.

    (a) Accepting Responsibility for Companies in Supply Chain Engaging
in Oppressive Child Labor.--
            (1) Records related to prime contractors and
        subcontractors.--Section 12(b) of the Fair Labor Standards Act
        of 1938 (29 U.S.C. 212(b)) is amended by adding at the end the
        following: ``In making investigations and inspections under
        section 11(a) with respect to the employment of minors, the
        Secretary may seek records related to any contractor or
        subcontractor at any tier of any person suspected of a
        violation of this section and may request any annual profit or
        loss statement of any such person or any contractor or
        subcontractor of such person.''.
            (2) Secondary oppressive child labor.--Section 12(c) of the
        Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended--
                    (A) by striking ``No employer'' and inserting ``(1)
                No employer''; and
                    (B) by adding at the end the following:
            ``(2)(A) No person shall produce, manufacture, or otherwise
        offer into commerce a good or service with respect to which an
        employer who is a contractor or subcontractor (at any tier) of
        the person employs oppressive child labor in the performance of
        the contract or subcontract for producing, manufacturing, or
        otherwise offering into commerce such good or service.
            ``(B) A person shall not be in violation of subparagraph
        (A) if the person--
                    ``(i) entered into a prime contract in a good faith
                reliance on a written assurance from the contractor
                that the contractor and any subcontractor at any tier
                of the contract would not employ oppressive child labor
                in the performance of the contract or subcontract for
                producing, manufacturing, or otherwise offering into
                commerce the good or service;
                    ``(ii) had no notice that the employer described in
                subparagraph (A) would employ oppressive child labor in
                such performance; and
                    ``(iii) has taken meaningful and affirmative steps
                to ensure that all contractors and subcontractors of
                the person at any tier of the contract for such
                performance would not employ oppressive child labor in
                such performance.''.
    (b) Hot Goods.--Section 12(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 212(a)) is amended--
            (1) by striking ``thirty'' and inserting ``180''; and
            (2) by striking ``and who acquired such goods for value
        without notice of any such violation,'' and inserting ``, who
        acquired such goods for value without notice of any such
        violation, and who has taken meaningful and affirmative steps
        to ensure that all producers, manufacturers, or dealers of the
        purchaser are in compliance with this section,''.
    (c) ``Unlawfully Manufactured; Child Labor'' Tags.--Section 12 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 212), as amended by
section 101(b), is further amended by adding at the end the following:
    ``(f) `Unlawfully Manufactured; Child Labor' Tags.--
            ``(1) In general.--The Secretary shall have the authority,
        in accordance with a process determined by the Secretary
        through regulations, to affix to any goods produced by a person
        in violation of subsection (c) a tag of not more than 6 inches
        in length bearing the words `Unlawfully manufactured; child
        labor'.
            ``(2) Prohibition.--No person (other than the Secretary, an
        authorized representative of the Secretary, or the consumer
        with respect to the goods) shall remove, alter, deface, or
        otherwise interfere with a tag affixed to goods under paragraph
        (1).''.
    (d) Successors in Interest.--Section 12 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216), as amended by subsection (c), is further
amended by adding at the end the following:
    ``(g) Successors in Interest.--
            ``(1) In general.--Notwithstanding any other provision in
        this Act, for purposes of this section and any other provision
        in this Act administering or enforcing this section, the terms
        `employer' and `person' include a successor in interest of the
        employer or person, respectively.
            ``(2) Joint and several liability.--An employer or other
        person that is a successor in interest of another employer, or
        other person, in violation of this section shall be jointly and
        severally liable under this Act with such other employer or
        person, respectively, for such violation.
            ``(3) Definition of successor in interest.--In this
        subsection, the term `successor in interest', with respect to
        an employer or other person, means any person who--
                    ``(A) uses substantially the same facilities or
                workers to offer substantially the same goods or
                services as the employer or other person;
                    ``(B) employs as a managing agent any individual
                who was responsible for wages, hours, or working
                conditions as the employer or other person; or
                    ``(C)(i) has an owner, partner, officer, or
                director who is an immediate family member of an owner,
                partner, officer, or director of the employer or other
                person; and
                    ``(ii) is in the same industry as the employer or
                other person.''.
    (e) Authority To Issue Stop Work Orders.--Section 12(b) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212(b)), as amended by
subsection (a)(1), is further amended--
            (1) by striking ``The Secretary of Labor'' and inserting
        ``(1) The Secretary of Labor''; and
            (2) by adding at the end the following:
            ``(2)(A) In addition to the authority of the Secretary to
        bring an action under section 17 as described in paragraph (1),
        the Secretary may issue a stop work order to any person that
        the Secretary has found to be in violation of this section.
            ``(B) Such stop work order may apply to one or more
        worksites of the person (without regard to whether all such
        worksites involve a violation of this section).
            ``(C) A stop work order issued under this paragraph shall
        remain in effect until the person issued the order provides the
        Secretary with adequate evidence that the person is no longer
        in violation of this section.
            ``(D)(i) A person shall compensate any individual engaged
        to perform work for remuneration for the person and who does
        not perform such work as a result of a stop work order issued
        to the person under this paragraph. Such compensation shall be
        at the regular rate at which the individual is so engaged for
        all hours the individual would have worked but for the stop
        work order.
            ``(ii) For purposes of administration and enforcement of a
        violation of clause (i)--
                    ``(I) a violation of such clause shall be deemed a
                violation of section 6 and not a violation of this
                section;
                    ``(II) any amounts owing to an individual which
                have been withheld in violation of such clause shall be
                deemed to be unpaid minimum wages or unpaid overtime-
                time compensation under this Act; and
                    ``(III) any reference in section 16 to an
                `employer' or `employee' shall be deemed a reference to
                a person or an individual, respectively, without regard
                to whether the person or individual is an employer or
                employee, respectively.''.

SEC. 103. STRENGTHENING PENALTIES FOR CHILD LABOR VIOLATIONS.

    (a) In General.--Section 16(e)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216(e)(1)) is amended--
            (1) in subparagraph (A), by striking clauses (i) and (ii)
        and inserting the following:
            ``(i) $160,350 for each employee who was the subject of
        such a violation, which penalty may be doubled in the case of a
        violation described in subparagraph (C); or
            ``(ii) $728,760 with regard to each violation of section 12
        or 13(c), relating to child labor, or any regulation issued
        pursuant to such a section, that causes the death or serious
        injury of any employee under the age of 18 years, which penalty
        may be doubled in the case of a violation described in
        subparagraph (C).''; and
            (2) by adding at the end the following:
    ``(C) For purposes of penalties that may be doubled under clause
(i) or (ii) of subparagraph (A), a violation described in this
subparagraph is a violation--
            ``(i) that is a repeated or willful violation;
            ``(ii) that involves an occupation or place of work
        described in any of subparagraphs (A) through (D) of section
        12(e)(1);
            ``(iii) that has occurred within 10 years of the final
        disposition of another violation of section 12 or 13(c),
        relating to child labor, or any regulation issued pursuant to
        such a section; or
            ``(iv) for which the employer that committed the violation
        is found, during the period in which the person was
        investigated for such violation, to have employed more than 10
        children in such a violation.''.
    (b) Anti-Retaliation Violations.--Section 16(e)(2) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) is amended by adding
at the end the following: ``Any person who violates section 15(a)(3)
with respect to any complaint or proceeding related to section 12 or
13(c), relating to child labor, or any regulation issued pursuant to
such a section, shall be subject to a civil penalty not to exceed
$75,000, for each such violation, in addition to such legal or
equitable relief as may be appropriate to effectuate the purposes of
such section 15(a)(3), as described in subsection (b).''.
    (c) Damages for Victims.--
            (1) In general.--Section 16 of the Fair Labor Standards Act
        of 1938 (29 U.S.C. 216) is amended--
                    (A) in subsection (b)--
                            (i) by inserting after the third sentence
                        the following: ``Any person who violates
                        section 12(c) or section 13(c), relating to
                        child labor, or any regulation issued pursuant
                        to such a section, shall be liable to the
                        employee or employees affected for compensatory
                        damages and, as appropriate, punitive damages
                        or legal or equitable relief as described in
                        subsection (f).'';
                            (ii) in the sentence beginning ``An action
                        to recover'', by striking ``employer'' and
                        inserting ``employer (or person as applicable
                        in the case of a violation of section 12(c) or
                        13(c), relating to child labor, or any
                        regulation issued pursuant to such a
                        section)''; and
                            (iii) in the last sentence--
                                    (I) by striking ``or (2) legal''
                                and inserting ``, (2) legal''; and
                                    (II) by inserting before the period
                                at the end ``, or (3) compensatory
                                damages and, as appropriate, punitive
                                damages or legal or equitable relief is
                                sought for a violation of section 12(c)
                                or section 13(c), relating to child
                                labor, or any regulation issued
                                pursuant to such a section'';
                    (B) in subsection (c)--
                            (i) by inserting after the second sentence,
                        the following: ``The Secretary is authorized to
                        supervise the payment of any compensatory
                        damages, punitive damages, or legal or
                        equitable relief owed to an employee or
                        employees under subsection (b) for a violation
                        of section 12(c) or section 13(c), relating to
                        child labor, or any regulation issued pursuant
                        to such a section, and the Secretary may bring
                        an action in any court of competent
                        jurisdiction to obtain such damages or
                        relief.''; and
                            (ii) in the sentence beginning ``The right
                        provided by subsection (b)''--
                                    (I) by striking ``the first
                                sentence of'';
                                    (II) by inserting ``or relief''
                                after ``other damages''; and
                                    (III) by striking ``an employer''
                                and inserting ``a person'';
                    (C) in subsection (d), by striking ``employer'' and
                inserting ``person''; and
                    (D) by adding at the end the following:
    ``(f) Legal and Equitable Relief for Child Labor Violations.--
            ``(1) In general.--A person who violates section 12(c) or
        section 13(c), relating to child labor, or any regulation
        issued pursuant to such a section--
                    ``(A) shall be liable to each employee affected by
                the violation--
                            ``(i) except as provided in clause (ii), in
                        an amount that is not less than $75,000 in
                        compensatory damages, which penalty shall be
                        doubled in the case of a violation that
                        involves an occupation or place of work
                        described in any of subparagraphs (A) through
                        (D) of section 12(e)(1); or
                            ``(ii) in the case of a violation of
                        section 12(c) or section 13(c), relating to
                        child labor, or any regulation issued pursuant
                        to such a section, that causes death or serious
                        injury, in an amount that is not less than
                        $750,000 in compensatory damages, which penalty
                        may be doubled in the case of such a violation
                        that is a repeated or willful violation; and
                    ``(B) may, as appropriate, be liable to each
                employee affected by the violation--
                            ``(i) in an amount that is not less than
                        $1,000,000 in punitive damages in the case of a
                        violation that causes death or serious injury;
                        or
                            ``(ii) for legal or equitable relief,
                        including injunctive relief or disgorgement of
                        profits.
            ``(2) Relation to other laws.--Nothing in this subsection
        shall preempt a State or municipal law that provides greater
        penalties or remedies for violations of child labor
        requirements than those provided under this subsection.
            ``(3) Definition of serious injury.--For purposes of
        paragraph (1), the term `serious injury' has the meaning given
        such term in subsection (e)(1)(B).''.
            (2) Statute of limitations.--Section 6 of the Portal-to-
        Portal Act (29 U.S.C. 255) is amended--
                    (A) in the matter preceding subsection (a), by
                inserting ``(or any compensatory damages, punitive
                damages, or legal or equitable relief for a violation
                of section 12(c) or section 13(c), relating to child
                labor, of such Act, or any regulation issued pursuant
                to such a section)'' after ``Fair Labor Standards Act
                of 1938''; and
                    (B) in subsection (a), by inserting ``and except
                that a cause of action for a violation of section 12(c)
                or section 13(c), relating to child labor, of the Fair
                Labor Standards Act of 1938, or any regulation issued
                pursuant to such a section, may be commenced within 10
                years after the cause of action accrued'' before the
                semicolon.
    (d) Criminal Penalties.--Section 16(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(a)) is amended--
            (1) by striking ``Any'' and inserting ``(1) Any'';
            (2) by inserting ``(other than subsection (a)(4) of such
        section)'' after ``section 15'';
            (3) by striking ``subsection'' each place it appears and
        inserting ``paragraph''; and
            (4) by adding at the end the following:
    ``(2)(A) Except as provided in subparagraph (B), any person who
violates section 15(a)(4) shall upon conviction thereof be subject to a
fine of not more than $750,000, or to imprisonment for not more than 1
year, or both.
    ``(B) Any person who violates section 12(f)(2) shall upon
conviction thereof be subject to a fine of not more than $500,000, or
to imprisonment of not more than 1 year, or both. No person shall be
imprisoned under this subparagraph except for an offense committed
after the conviction of such person for a prior offense under this
subparagraph.''.

SEC. 104. TRAINING AND ENGAGEMENT WITH RESPECT TO CHILD LABOR
              VIOLATIONS.

    The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 18D (42 U.S.C. 218d) the following:

``SEC. 18E. TRAINING AND ENGAGEMENT WITH RESPECT TO CHILD LABOR
              VIOLATIONS.

    ``The Secretary shall, directly or by grants or contracts, provide
for the establishment and supervision of programs for--
            ``(1) education and training with respect to recognition,
        avoidance, and prevention of violations of section 12;
            ``(2) education and training of professionals providing
        services to children on identifying and responding to
        oppressive child labor and incorporating into their activities
        knowledge about risk factors for exposing children to
        oppressive child labor; and
            ``(3) identification of potential violations of section 12
        and support for victims of such violations.''.

TITLE II--CHILD LABOR REQUIREMENTS FOR CERTAIN FEDERAL CONTRACTORS AND
               RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE

SEC. 201. AMENDMENTS TO THE WALSH-HEALEY PUBLIC CONTRACTS ACT.

    Section 6502 of title 41, United States Code, is amended--
            (1) by striking ``A contract made by an agency'' and
        inserting ``(a) In General.--A contract made by an agency'';
            (2) in subsection (a)(3), by striking ``No individual under
        16 years of age and no incarcerated individual'' and inserting
        the following:
                    ``(A) Incarcerated individuals.--No incarcerated
                individual'';
            (3) by adding at the end the following:
                    ``(B) Children.--No individual under 16 years of
                age will be employed by the contractor, or any
                subcontractor or supplier of the contractor, in any
                activity at any tier under the contract, including any
                activity under a subcontract at any tier of the
                contract. No individual 16 or 17 years of age will be
                employed by the contractor, or any subcontractor or
                supplier of the contractor, in oppressive child labor,
                as defined under section 3(l) of the Fair Labor
                Standards Act of 1938 (29 U.S.C. 203(l)), in any
                activity at any tier under the contract, including any
                activity under a subcontract at any tier of the
                contract.''; and
            (4) by adding at the end the following:
    ``(b) Children.--
            ``(1) Good faith defense for secondary liability.--A
        contractor shall not be in breach or violation of a
        representation or stipulation required under subsection
        (a)(3)(B) due to the actions of a subcontractor or supplier at
        any tier of the contract if the contractor--
                    ``(A) entered into a contract with the prime
                subcontractor or supplier in a good faith reliance on a
                written assurance from the subcontractor or supplier
                that all subcontractors and suppliers at any tier of
                the contract would not, in any activity under the
                contract, including any activity under a subcontract at
                any tier of the contract, employ an individual under 16
                years of age or employ an individual 16 or 17 years of
                age in oppressive child labor (as defined under section
                3(l) of the Fair Labor Standards Act of 1938);
                    ``(B) had no notice that a subcontractor or
                supplier would so employ an individual; and
                    ``(C) has taken meaningful and affirmative steps to
                ensure that all subcontractors and suppliers at any
                tier of the contract would not so employ an individual.
            ``(2) Successors in interest.--
                    ``(A) In general.--Notwithstanding any other
                provision in this chapter, for purposes of subsection
                (a)(3)(B) and any other provision in this chapter
                administering or enforcing a stipulation or
                representation required under such subsection--
                            ``(i) the term `contractor' includes a
                        successor in interest of the contractor;
                            ``(ii) the term `party responsible for a
                        breach or violation', in the case of a
                        contractor, includes a successor in interest of
                        the contractor; and
                            ``(iii) the term `person', in the case of a
                        contractor, includes a successor in interest of
                        the contractor.
                    ``(B) Joint and several liability.--A contractor
                that is a successor in interest of another contractor
                in breach or violation of a representation or
                stipulation required under subsection (a)(3)(B) shall
                be jointly and severally liable under this chapter with
                such other contractor for such breach or violation.
                    ``(C) Definition of successor in interest.--In this
                paragraph, the term `successor in interest', with
                respect to a contractor, means any person who--
                            ``(i) uses substantially the same
                        facilities or workers to offer substantially
                        the same goods or services as the contractor;
                            ``(ii) employs as a managing agent any
                        individual who was responsible for wages,
                        hours, or working conditions as the contractor;
                        or
                            ``(iii)(I) has an owner, partner, officer,
                        or director who is an immediate family member
                        of an owner, partner, officer, or director of
                        the contractor; and
                            ``(II) is in the same industry as the
                        contractor.''.

SEC. 202. CHILD LABOR REQUIREMENTS FOR CONTRACTS AND ASSISTANCE COVERED
              BY THE DAVIS-BACON ACT OR RELATED ACTS OR THE SERVICE
              CONTRACT ACT.

    (a) Definitions.--In this section:
            (1) Applicable contract or assistance.--The term
        ``applicable contract or assistance'' means--
                    (A) a contract or subcontract entered into after
                the date of enactment of this Act to which subchapter
                IV of chapter 31 of title 40, United States Code
                (commonly known as the ``Davis-Bacon Act''), applies;
                    (B) any form of financial assistance (including
                through a grant or loan) awarded by the Federal
                Government--
                            (i) for which the terms of such assistance
                        were agreed to by the Federal Government and
                        the recipient of such assistance after the date
                        of enactment of this Act; and
                            (ii) that requires all laborers and
                        mechanics employed by contractors and
                        subcontractors in the performance of
                        construction work financed in whole or in part
                        by such assistance to be paid wages at rates
                        not less than those prevailing on projects of a
                        similar character in the locality as determined
                        by the Secretary of Labor in accordance with
                        subchapter IV of chapter 31 of title 40, United
                        States Code; and
                    (C) a contract entered into after the date of
                enactment of this Act to which chapter 67 of title 41,
                United States Code (commonly known as the ``Service
                Contract Act''), applies.
            (2) Contractor or recipient of an applicable contract or
        assistance.--
                    (A) In general.--The term ``contractor'' or
                ``recipient of an applicable contract or assistance''
                includes a successor in interest of the contractor or
                recipient, respectively.
                    (B) Joint and several liability.--A contractor or
                recipient of an applicable contract or assistance that
                is a successor in interest of another contractor or
                recipient of an applicable contract or assistance in
                violation of this section shall be jointly and
                severally liable under this section with such other
                contractor or recipient for such violation.
            (3) Oppressive child labor.--The term ``oppressive child
        labor'' has the meaning given such term in section 3(l) of the
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)).
            (4) Successor in interest.--The term ``successor in
        interest'', with respect to a contractor or recipient of an
        applicable contract or assistance, means any person who--
                    (A) uses substantially the same facilities or
                workers to offer substantially the same goods or
                services as the contractor or recipient;
                    (B) employs as a managing agent any individual who
                was responsible for wages, hours, or working conditions
                as the contractor or recipient; or
                    (C)(i) has an owner, partner, officer, or director
                who is an immediate family member of an owner, partner,
                officer, or director of the contractor or recipient;
                and
                    (ii) is in the same industry as the contractor or
                recipient.
    (b) Child Labor Provisions.--
            (1) In general.--The terms of any applicable contract or
        assistance shall include the following representations and
        stipulations:
                    (A) Oppressive child labor shall not be employed by
                the contractor or recipient of such applicable contract
                or assistance, or any subcontractor or supplier of the
                contractor or recipient at any tier of the applicable
                contract or assistance, in the performance of or work
                funded by the applicable contract or assistance.
                    (B) The contractor or recipient of the applicable
                contract or assistance shall provide to any
                subcontractor or supplier under the applicable contract
                or assistance training on the requirement under
                subparagraph (A).
                    (C) The contractor or recipient of the applicable
                contract or assistance, and any subcontractor or
                supplier under any tier of the applicable contract or
                assistance, shall each establish a labor-management
                committee to review the policies with respect to child
                labor of the contractor, recipient, subcontractor, or
                supplier, respectively, and promote the reporting of
                any violations of such policies.
            (2) Good faith defense for secondary liability.--A
        contractor or recipient of an applicable contract or assistance
        shall not be in breach or violation of a representation or
        stipulation under paragraph (1)(A) due to the actions of a
        subcontractor or supplier at any tier of the applicable
        contract or assistance if the contractor or recipient--
                    (A) entered into a contract with the prime
                subcontractor or supplier in a good faith reliance on a
                written assurance from the subcontractor or supplier
                that all subcontractors and suppliers at any tier of
                the applicable contract or assistance would not employ
                oppressive child labor in the performance of or work
                funded by the applicable contract or assistance;
                    (B) had no notice that a subcontractor or supplier
                would employ oppressive child labor in such performance
                or work; and
                    (C) has taken meaningful and affirmative steps to
                ensure that all subcontractors and suppliers at any
                tier of the applicable contract or assistance would not
                employ oppressive child labor in such performance or
                work.
    (c) Breach or Violation.--
            (1) Applicable breach or violation.--This subsection
        applies in the case of a breach or violation of a
        representation or stipulation required under subsection
        (b)(1)(A) in an applicable contract or assistance.
            (2) Liquidated damages.--In addition to damages for any
        other breach of the applicable contract or assistance, the
        party responsible for a breach or violation described in
        paragraph (1) is liable to the Federal Government for
        liquidated damages in an amount equal to the sum of $20 per day
        for each individual employed in oppressive child labor in the
        performance of or work funded by the applicable contract or
        assistance.
            (3) Cancellation and alternative completion.--In addition
        to the Federal Government being entitled to damages described
        in paragraph (2), the Federal Government may cancel the
        contract or assistance and make open-market purchases or make
        other contracts or award other assistance for the completion of
        the original contract or terms of the original assistance,
        charging any additional cost to the original contractor or
        recipient.
            (4) Recovery of amounts due.--An amount due the Federal
        Government because of a breach or violation described in
        paragraph (1) may be withheld from any amounts owed the
        contractor or recipient under the applicable contract or
        assistance or may be recovered in a suit brought by the
        Attorney General.
    (d) Three-Year Prohibition on New Contracts in Case of Breach or
Violation.--
            (1) Distribution list.--The Comptroller General of the
        United States shall distribute to each agency of the Federal
        Government a list containing the names of persons found by the
        Secretary to have breached or violated a representation or
        stipulation included in an applicable contract or assistance
        under subsection (b)(1)(A).
            (2) Three-year prohibition.--Unless the Secretary
        recommends otherwise, the Federal Government may not award any
        contract or other financial assistance to a person named on the
        list under paragraph (1), or to a firm, corporation,
        partnership, or association in which the person has a
        controlling interest, until 3 years have elapsed from the date
        of the determination by the Secretary that a breach or
        violation occurred.
    (e) Enforcement and Administration.--Sections 6506 and 6507 (other
than subsection (a) of such section) of title 41, United States Code,
govern the Secretary's authority to enforce this section, including the
Secretary's authority to prescribe regulations, issue orders, hold
hearings, make decisions based on findings of fact, and take other
appropriate action under this section.

                        TITLE III--MISCELLANEOUS

SEC. 301. REPORTS TO CONGRESS ON WORK-RELATED INJURIES, ILLNESSES, AND
              DEATHS.

    (a) Analysis of Data.--
            (1) In general.--The Secretary of Labor, in consultation as
        described in paragraph (2), shall collect and analyze data
        concerning overall trends for work-related injuries, illnesses,
        or deaths and trends related to enforcement under Federal or
        State law with respect to such injuries, illnesses, or deaths.
            (2) Consulting entities.--In collecting and analyzing data
        under paragraph (1), the Secretary of Labor--
                    (A) shall consult with the Secretary of Health and
                Human Services; and
                    (B) may consult with any relevant State agencies.
    (b) Reports.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary of Labor shall--
            (1) submit a report to Congress that includes--
                    (A) a summary of the data collected and analyzed by
                the Secretary under subsection (a) for the previous
                year;
                    (B) an evaluation, based on such data, that
                reflects the status of work-related injuries,
                illnesses, and deaths; and
                    (C) any recommendations for the President and
                Congress as a result of such evaluation;
            (2) publish such report in the Federal Register; and
            (3) post such report on the website of the Department of
        Labor.
                                 <all>

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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